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Accident Compensation Act 2001

Entitlements and related matters - Powers of Corporation

117: Corporation may suspend, cancel, or decline entitlements

You could also call this:

"ACC can pause or stop your benefits if you don't follow the rules"

The Corporation can stop or end your benefits if they think you're not supposed to get them anymore. They need to tell you in writing before they do this.

The Corporation can also refuse to give you benefits if you don't do what you're supposed to do. This could be if you don't follow the rules, don't get medical treatment you're supposed to get, or don't agree to or follow your rehabilitation plan.

If the Corporation stops your benefits for these reasons, they can start them again if you start following the rules and if you're still eligible. They don't have to pay you for the time your benefits were stopped, but they might if there are special reasons and it would be unfair not to.

If the Corporation's decision to stop your benefits is changed or cancelled after a review or appeal, and you were supposed to get the benefits, they will give you the benefits from when they were first stopped.

The Corporation can also use other ways to stop or end your benefits that aren't mentioned here.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM101482.

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Part 4Entitlements and related matters
Powers of Corporation

117Corporation may suspend, cancel, or decline entitlements

  1. The Corporation may suspend or cancel an entitlement if it is not satisfied, on the basis of the information in its possession, that a claimant is entitled to continue to receive the entitlement.

  2. The Corporation must give the claimant written notice of the proposed suspension or cancellation within a reasonable period before the proposed starting date.

  3. The Corporation may decline to provide any entitlement for as long as the claimant unreasonably refuses or unreasonably fails to—

  4. comply with any requirement of this Act relating to the claimant's claim; or
    1. undergo medical or surgical treatment for his or her personal injury, being treatment that the claimant is entitled to receive; or
      1. agree to, or comply with, an individual rehabilitation plan.

        1. If the Corporation declines, under subsection (3), to provide an entitlement for any period, the Corporation must start providing the entitlement again if satisfied that—

        2. subsection (3) no longer applies to the claimant; and
          1. the claimant is eligible to the entitlement.

            1. The Corporation is not required to make any payment of the entitlement for the period during which it was declined under subsection (3), even though it may have started providing the entitlement again under subsection (3A). However, the Corporation may make such payment if the Corporation believes that—

            2. exceptional circumstances exist; and
              1. it would be inequitable to refuse to do so.

                1. An entitlement that has been declined for any period under subsection (3) must be provided by the Corporation, with effect from the beginning of that period, if—

                2. the Corporation's decision to decline to provide the entitlement for that period is—
                  1. revised under section 65; or
                    1. quashed on review or appeal; and
                    2. the claimant was otherwise entitled to receive the entitlement for that period.

                      1. This section does not limit or affect any other power of the Corporation to decline or end an entitlement.

                      Notes
                      • Section 117(3A): inserted, on , by section 24 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
                      • Section 117(3B): inserted, on , by section 24 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
                      • Section 117(3C): inserted, on , by section 24 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).